What is ADVERSE PARTY? Definition of ADVERSE PARTY in Black's Law Dictionary
An "adverse party" entitled to notice of appeal is every party whose interest in relation to the judgment or decree appealed from is in conflict with the modification or rever- sal sought by the appeal.
Every party interested in sustaining the judgment or decree. Harrigan v. Gilchrist, 121 Wis. 127, 99 N.W. 909. All parties appearing against losing party unless reversal of case will not be to party's detriment. Shea v. Shea, Iowa, 264 N.W. 590. Any party who would be prejudi- cially affected by a modification or reversal of the judg- ment appealed from. Great Falls Nat. Bank v. Young, 67 Mont. 328, 215 P. 651, 652. One who has interest in oppos- ing object sought to be accomplished by appeal. In re Baxter's Estate, 94 Mont. 257, 22 P.2d 182. Party to rec- ord, whose interest in subject-matter of appeal is adverse to, reversal or modification of judgment or order appealed from. MacDonald v. Superior Court in and for City and County of San Francisco, 101 Cal.App. 423, 281 P. 672, 673. A party who, by the pleadings, is arrayed on the opposite side. Merrill v. St. Paul City Ry. Co., 170 Minn. 332, 212 N.W. 533. The other party to the action. Highland v. Hines, 80 N.H. 179, 116 A. 347, 349. A party to the record for, or against, whom judgment is sought. Merchants' Supply Co. v. Hughes' Ex'rs, 139 Va. 212, 123 S.E. 355, 356. "Opposite" party synonymous. In re Wah-shah-she-me- tsa-he's Estate, 111 Okl. 177, 239 P. 177, 178. And term is not necessarily confined to plaintiffs as against defendants, or vice versa. Arwood v. Hill's Adm'rs, 135 Va. 235, 117 S.E. 603, 605. But a defaulting defendant is not an "adverse party" ; Holt v. Empey, 32 Idaho, 106, 178 P. 703; nor is one who is named as a party but is not served; Kissler v. Moss, 26 Idaho, 516, 144 P. 647. Compare Fer- gen v. Lonie, 50 S.D. 328, 210 N.W. 102, 103 (garnishment debtor not served in garnishment proceeding).
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That's the definition of ADVERSE PARTY in Black's Law Dictionary - Courtesy of Cekhukum.com.
